@bbrv

Quote:

@AmigaHeretic $4.50/unit and hopefully we will be able to send that to an Escrow Account established by the Judge for the benefit of creditors. Best regards, R&B

Ah, thanks for that. Has any money been paid upfront though?

Another question, was there no stipulation on how many versions or for how long they had to port AmigaDE to your hardware? Or was this contract really forever & for every version and incarnation? (by incarnation I mean like Windows has a lot of different version Media Center, Pro, CE, Tablet edition)

Let's say AmigaDE really had become popular. They released v2 v3 v4 v6 etc... Maybe with 3D desktop & voice recognition etc. becoming standard parts of it or something. So the contract they agreed to was such that they would always have to support your hardware no matter the version? And pretty much forever? (until they go bankrupt )

I'm not that smart about all this. I mean, you guys remember the Sega Genesis and the Super Nintendo from back in the day? Sega had Sonic. If Sega agreed to port Sonic to the Nintendo system (which they have :) ) certainly the contract Sega signed wouldn't have forced them to have to port EVERY version from that point forward of Sonic to Nintendo hardware.

Is this really what Amiga Inc., did BBRV? Just asking out of interest ( and dumbfoundedness an AI's part) , as who knows, you may indeed be the new owners of ALL things Amiga someday.

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A3000D (16mhz, 2MB Chip, 4MB Fast, SCSI (300+MB), SuperGen Genlock, Kick 3.1)
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Back in my day, we didn't have water. We only had Oxygen & Hydrogen, & we'd just shove 'em together

@AmigaBlitter

Not easy to say...

The only information I've trusted over the years are from the Frieden brothers. And since they claim that they are not Hyperion staff I have to say that I vote for Amiga Inc in this case.
If I only could know what all involved people really wants to/can do with Amiga the choise would be easy. Now it's not so I vote for Amiga Inc because they own the OS... at this point ;)

/Xter

@edponpon
Where in Alaska do you live?
I live in Homer.
I plan on buying the Power Amiga as soon as it becomes available.
Email me - flipper@acsalaska.net

@bbrv

Quote:

It is more than as advertised; it is as licensed.

Then what do you need this circumstancial evidence like the videos on YouTube for?

-- Edit: "licensed as advertised"?

Last edited by dirigent on 14-May-2007 at 10:56 AM.

@debrun

Quote:

debrun wrote: @herewegoagain Quote: or is it because of the legal quagmire they have been held up in with Hyperion for the past several years? What kind of management ends up in a quagmire for YEARS? Huge corporations, yes, I can believe it because I've seen it, its complicated etc like Enron. This relatively small in comparison, yet vital, issue? Years? This, "Johnny stole my Boing ball- Boo Hoo!" approach doesn't get sympathy from me at all. I find it weak. If this Ack/Amiga deal falls through....

Well said. We appear to be suffering from a SEVERE lack of management over there.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@herewegoagain

Quote:

herewegoagain wrote: @DonnieA2 WTF??? Have you looked at the poll at the top? And why shame on us for not supporting Hyperion? Why not shame on us for not supporting the one who has so far presented evidence showing how Hyperion has broken the contract time and again, even after payment was made to them for the contract that THEY SIGNED? But after all it's just Amiga Inc. They deserve to be screwed over. I guess I forgot that little bit.

The only people we know for sure, without a doubt, who are getting screwed is the user community.

We don't have the whole story to know if Amiga is getting screwed yet.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@bbrv

Quote:

It will be a matter of details. BTW, you will have your case soon. The first XGI graphic card brackets were the hold-up:

Thanks for the update bbrv, much appreciated. I look forward to running MorphOS 2.0 as soon as its out for that puppy! :)

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@T_Bone

Quote:

T_Bone wrote: They mentioned publicly that they had bought back the OS before the lawsuit. At that time someone affiliated somehow with Hyperion said that it wasn't true and the money Amiga Inc gave them was for something else. We now know that the money was unmistakably for the buyback, and the statement about the money being for something else, was "wrong" (being very kind in choice of words here.) If Hyperion are in the wrong on this, then they did nothing to improve the situation either.

Correspondence presented only shows $22,500 of the $25,000 paid and thats all the reciept reflects. The other monies paid have not been shown, that I have seen to be other monies towards the buyback. The $22,500 was paid by two entities, the third entity that was supposed to pony up the other $2500 was supposed to be be Bill McEwen. John Grzymala from Amiga states "my notes say that Pentti told me that Bill McEwen paid them $2500.00. I do not have an exact date or written confirmation for that payment".

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@fryguy

Quote:

Without Hyperion we wouldn't have OS4, so the choice is obvious..

That goes both ways, doesn't it? Without Amiga Inc., Hyperion would either be making another MorphOS or the more likely scenario; no OS at all.

I voted for neither. Just like the failed partnerships of the past has divided the Amiga market and user community before, history is now repeating itself yet again. First H&P and Phase5 did everything they could to prevent the Amiga market and user community to stay united when we needed it the most, then Thendic and bPlan (ie what later became Genesi) took advantage of that split to minimize the possibilities for a return of the Amiga even further.

What strategy Hyperion has as a reason for their latest (in)actions is a mystery to me. In any case, the end result is the same, whatever is left of the former Amiga market and user community is yet again shattered into even smaller fragments.

[sarcasm]Hopefully both Amiga Inc. and Hyperion get the rights to the AmigaOS4 source code so they both can make their own alternative development paths for the future of AmigaOS4. Then we would get more Amiga options to "choose" from, more "constructive" flamewars, less actual products... hooray! Don't you just love how a "free" market and competition always ensures the best price and product range for us consumers?

God forbid if we would realize that we would be stronger as *one* alternative to the *real* competition out there. Thank god there are egoes big enough to tell themselves that they don't need anyone else.[/sarcasm]

Last edited by samface on 14-May-2007 at 03:57 PM.

_________________
Sammy Nordström, A.K.A. "Samface"

MINDRELEASE.net - The Non-Commercial Network of Digital Arts.

Samworks D & C - Professional Web Development (in Swedish)

@thread

there is another interesting poll:

http://amigaworld.net/modules/newbb/viewtopic.php?topic_id=23189&forum=2

_________________
retired

@AmigaBlitter

Boring. If you haven't figured out how well Amiga Inc. would do in a popularity contest already, get a clue. Amiga Inc. has been the ones standing in the spotlight making all the announcements and naturally the ones who got their credibility damaged rather than the third parties that was supposed to deliver. Argue this and you just reinforce my point, they really can't avoid from getting the blame. How much of it is deserved or not is highly subjective and an entirely different matter on it's own.

_________________
Sammy Nordström, A.K.A. "Samface"

MINDRELEASE.net - The Non-Commercial Network of Digital Arts.

Samworks D & C - Professional Web Development (in Swedish)

@fairlanefastback

...and a plan is important too. Here is a Business Plan we developed last year. We did sincerely look at developing this market:

A Disruptive Business Plan - The Open Server Workstation

We developed a similar plan in the past for "DE" - we are working on another one now. Our version of DE might not be the same as imagined by most here. Think about it as an "upgrade"...

R&B :)
Evolution of the Species

_________________
genesi

@bbrv
Quote:

5. "Enhancements" (means changes or improvements from ANY source), "Updates" AND "UPGRADES" to the _Amiga DE Operating System_ which includes OS4...

Have you got another court to overrule Judge Lasnik's denial of your logic to include OS4 in your DE contract in his judgement? In the past-tense?

_________________
All glory to the Hypnotoad!

@Slick

Quote:

Bill has always said he's in this for the long term... and certainly his actions bear this out. That's the kind of committed business leadership we need more of. Hyperion lacks the Amiga vision...

Sorry, I must have woken up in the wrong parallel dimension today. Wiggy...

_________________
All glory to the Hypnotoad!

@AmigaHeretic

Quote:

Another question, was there no stipulation on how many versions or for how long they had to port AmigaDE to your hardware? Or was this contract really forever & for every version and incarnation? (by incarnation I mean like Windows has a lot of different version Media Center, Pro, CE, Tablet edition)

It's been a while since I read up on that. Memory says it was pretty open on anything "AmigaDE", any version, any upgrade, etc. I don't recall if there was a built-in expiration date, doesn't seem like there was. There was some mention of some method Garry Hare or someone supposedly tried to use to bring the DE judgement to an end, which I never understood. I don't remember Lasnik's ruling saying anything about a process with a potential termination situation, I thought Lasnik only said that Amiga owed Genesi the DE stuff, and no terms or conditions or anything surrounding the delivery, just that it was ruled it should be done.

I don't quite understand the transition from Thendic to Genesi. BBRV says they don't owe anything to certain "creditors" because those contracts were with Thendic which is now gone, but somehow Amiga's contract with Thendic is still in effect. Sounds weird to me, and I'm suprised that it didn't seem to come up from Amigas end during that lawsuit, but maybe that's because they didn't have a lawyer and just were not able to submit anything at all. McEwen has used similar logic that the New York Amiga doesn't owe anything to Washington Amiga creditors. Some might think that the disollution of Washington Amiga might fit the "bankruptcy" clause of their contract with Hyperion, as even after "selling" all assets to iTec/KMOS the Washington Amiga had nothing and closed its doors. Perhaps the Arctic contract invalidates/overrides that part of the original contract?

_________________
All glory to the Hypnotoad!

@billt

Don't bother. The farce they call a lawsuit against Amiga Inc. put on by Genesi based on the agreement between (the by that time already no longer existing) "Thendic" and Amiga Inc. left Genesi with absolutely nothing. No matter what BBRV says to portray the situation differently, the fact of the matter is that either it is true what Amiga Inc. has stated in public; the agreement was terminated once and for all some time after the court ruling. Either that, or Genesi are failing miserably to defend their rights acknowledged by the court against Amiga Inc.'s blatantly obvious infringements in public and doesn't seem to even bother with trying to explain the lack of AmigaDE versions running on the Pegasos computer despite the now close to three year old court ruling. Go figure.

_________________
Sammy Nordström, A.K.A. "Samface"

MINDRELEASE.net - The Non-Commercial Network of Digital Arts.

Samworks D & C - Professional Web Development (in Swedish)

@AmigaBlitter

I of course voted for Hyperion, as they are the one who made AmigaOS 4, and it would be logical if they were the one also making a special 64-bit SMP version of it for the new 64-bit Dual-Core High End PPC Amiga. It came as a great surprise for anybody that Amiga Inc chose to get involved..

The alliance with ACK Software Control is the best thing Amiga Inc has ever done, but it would be wrong to ignore Hyperion. The best thing would be to get into some sort of an agreement with Hyperion...

But yes, i hold my cards on Hyperion. Amiga Inc is not really the company making anything. They only form alliances and make plans, but they are no company doing the job themselves

_________________
Helge K. Leaving the Amiga in favour of a PC..

@opi

Quote:

The Amiga that BBRV wants is a "Amiga" of people.

Exactly, and like this: Not Waiting for the World to Change II

@samface and billt - please read the Agreement, etc.

Sammy, you have posted everything online (thank you) and still miss key points!

In any case, we are not waiting for change...

R&B

_________________
genesi

@bbrv

Discussion of your legal issues/hopes really belongs in a separate thread, as to avoid hi-jacking the thread. If you plan on continuing to discuss your (possible?) lawsuit, please start a new thread, or find a more appropriate one. Thanks.

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Are we not done with the same silly arguments and flames yet??!

I voted for Amiga Inc.

They paid for it, they own it, Hyperion do not.

I don't like thieves either.

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Ya Husayn!